ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

      IN THE MATTER OF:		DOCKET NUMBER:  BC-2008-00281
		INDEX CODE: 112.10
 	XXXXXXX				COUNSEL:  NO
			  		HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His rank of brigadier general (BG) be restored effective 
1 February 2005.

_________________________________________________________________

STATEMENT OF FACTS:

On 26 February 2009, the Board considered and denied a similar 
appeal.  For an accounting of the facts surrounding his previous 
request and the rationale of the Board's earlier decision, see 
the Record of Proceedings at Exhibit G.

On 25 June 2009, the applicant submitted a letter requesting the 
Board reconsider his request.  He states he served the requisite 
amount of time to hold the grade of BG in retirement and did not 
willingly or voluntarily retire, rather he was ordered to.  
Major General (MG) ---- acted in an arbitrary, capricious, 
unfair and political manner by forcing his retirement.  AFI 36-
2909, Professional and Nonprofessional Relationships does not 
address relationships with civilians not associated with the 
military and sends a confusing and unclear message.  MG ----- 
did not initiate an investigation nor take any action against 
his counterpart, the assistant AG, Army BG -----, for an 
obvious improper relationship with a junior officer (his 
military aid). He recommends the Board refer the situation to 
the Army IG for investigation of both BG ----- for his 
inappropriate relationship with a subordinate and for the 
inaction of the supervisor, MG ----- for not formally 
addressing the situation upon BG -----‘s marriage to a 
subordinate.  The obvious improper relationship by his peer was 
overlooked during the same period and the punishment he received 
was highly prejudicial and unfair.  Additionally, information 
contained in the IG report is incorrect or misleading.

The applicant’s complete submission, with attachments, is at 
Exhibit H.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

In an earlier finding, the Board determined there was 
insufficient evidence to warrant any corrective action.  After 
thoroughly reviewing the additional documentation submitted in 
support of his appeal and the evidence of record, we do not 
believe the applicant has overcome the rationale expressed in our 
previous decision.  The applicant contends that he served the 
requisite amount of time to hold the grade of BG in retirement; 
however, the SECAF determined the last grade satisfactorily held 
was that of colonel.  Furthermore, the opinion provided from the 
NGB Judge Advocates office dated 2 September 2008, adequately 
addressed the application of 10 U.S.C. 1370 and Ohio State Law as 
to whether he would have been authorized to retire as a BG based 
on the circumstances surrounding his retirement.  In view of the 
above, it remains our opinion that the applicant has failed to 
sustain his burden of proof that he has been the victim of an 
error or injustice.  Therefore, in view of the above, and in the 
absence of evidence to the contrary, we find no basis upon which 
to recommend favorable consideration of the applicant’s request.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not 
demonstrate the existence of error or an injustice; that the 
application was denied without a personal appearance; and that 
the application will only be reconsidered upon the submission of 
newly discovered relevant evidence not considered with this 
application.

_________________________________________________________________

The following members of the Board considered Docket Number BC-
2008-00281 in Executive Session on 8 October 2009 under the 
provisions of AFI 36-2603:


			XXXXXXXXXXXXXXX, Panel Chair
			XXXXXXXXXXXXXXX, Member
      XXXXXXXXXXXXXXXX, Member










The following documentary evidence pertaining to Docket Number 
BC-2008-00281 was considered:

      Exhibit G.  Addendum to Record of Proceedings, dated
                  8 April 2009, with exhibits.
      Exhibit H.  Letter, Applicant, dated 25 June 2009.